November 15, 2002
CLA-2-61:RR:NC:WA:361 NY I86772CATEGORY:CLASSIFICATIONTARIFF NO.:6108.31.0010
Ms. Amanda Wilson
Dillard’s, Inc.
1600 Cantrell
Little Rock, ARRE: The tariff classification of women’s sleepwear from Hong Kong.
Dear Ms. Wilson:
In your letter dated October 11, 2002, you requested a classification ruling for six women’s garments.
Style #S32JN202 - consists of a pair of pants and a top constructed from 100% cotton lightweight knit fabric. The top of Style S32JN202 features a round necklinet, short sleeves, slits at both sides, a left chest pocket, and a hemmed bottom. The garment also has embroidered trim all around the neckline, sleeves and at the top of the pocket. The pull-on pants of Style S32JN202 feature an elasticized drawstring waistband, and hemmed leg openings with side slits.
Style #S32JN205 – consists of a pair of pants and a top constructed from 100% cotton lightweight knit fabric. The top of Style S32JN205 features a round neckline in front, short sleeves, slits at both sides, a left chest pocket with an embroidered design, and a hemmed bottom. The garment also has embroidered trim all around the neckline, sleeves and at the top of the pocket. The pull-on pants of Style S32JN205 feature an elasticized drawstring waistband, embroidered designs on the front of the left leg, and hemmed leg openings with side slits.
Style #S32JN206 - consists of a pair of shorts and a top constructed from 100% cotton lightweight knit fabric. The top of Style S32JN206 features a round neckline in front, an opening in front with a three-button closure, short sleeves, slits at both sides, a left chest pocket with an embroidered design, and a hemmed bottom. The garment also has embroidered trim all around the neckline, sleeves and at the top of the pocket. The pull-on shorts of Style S32JN206 feature an elasticized drawstring waistband, and hemmed leg openings with side slits.
You have indicated that these styles will be produced, imported and sold at retail as a set. Based on the appearance of the styles, as well as the manner in which they will be marketed, they are considered sleepwear and classified in heading 6108..
We are returning your samples as you requested.
The applicable subheading for Styles S32JN202, S32JN205, and S32JN206, will be 6108.31.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit pajamas knitted or crocheted, of cotton, women’s. The rate of duty will be 8.6% ad valorem.
Styles S32JN202, S32JN205, and S32JN206, fall within textile category designation 351. Based upon international textile trade agreements, this category from Hong Kong is subject to quota restraints and visa requirements.
The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Angela De Gaetano at 646-733-3052.
Sincerely,
Robert B. Swierupski
Director,